Minnesota Legislature
HF 2215
as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:48pm
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A bill for an act
relating to motor vehicles; modifying provisions governing manufactured home
certificates of title; amending Minnesota Statutes 2018, section 168A.141,
subdivisions 1, 1a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 168A.141, subdivision 1, is amended to read:
Subdivision 1.
Certificates surrendered for cancellation.
(a) When a manufactured
home is to be affixed or is affixed, as defined in section 273.125, subdivision 8, paragraph
(b), to real property, the owner of the manufactured home may surrender the manufacturer's
certificate of origin or certificate of title to the department for cancellation so that the
manufactured home becomes an improvement to real property and is no longer titled as
personal property. The department must not issue a certificate of title for a manufactured
home under chapter 168A if the manufacturer's certificate of origin is or has been surrendered
under this subdivision, except as provided in section 168A.142. Upon surrender of the
manufacturer's certificate of origin or the certificate of title, the department must issue notice
of surrender to the owner, and upon recording an affidavit of affixation, which the county
recorder or registrar of titles, as applicable, must accept, the manufactured home is deemed
to be an improvement to real property. An affidavit of affixation deleted text begin by the owner of the
manufactured homedeleted text end new text begin must be in substantially the form set out in subdivision 1a andnew text end must
deleted text begin include the followingdeleted text end new text begin contain thenew text end informationdeleted text begin :deleted text end new text begin in said form.
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(1) the name, residence address, and mailing address of owner or owners of the
manufactured home;
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(2) the legal description of the real property in which the manufactured home is, or will
be, located;
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(3) a copy of the surrendered manufacturer's certificate of origin or certificate of title
and the notice of surrender;
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(4) a written statement from the county auditor or county treasurer of the county where
the manufactured home is located stating that all property taxes payable in the current year,
as provided under section 273.125, subdivision 8, paragraph (b), have been paid, or are not
applicable;
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(5) the name and address of the person designated by the applicant to record the original
affidavit of affixation with the county recorder or registrar of titles for the county where the
real property is located; and
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(6) the signature of the person who executes the affidavit, properly executed before a
person authorized to authenticate an affidavit in this state.
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(b) The person deleted text begin designated in paragraph (a), clause (5), must record, or arrange for thedeleted text end
recording deleted text begin of,deleted text end the affidavit of affixationdeleted text begin , accompanied by the fees for recording and for
issuing a certified copy of the notice, including all attachments, showing the recording date.
Upon obtaining the certified copy of the notice under this paragraph, the person designated
in the affidavitdeleted text end must new text begin obtain and new text end deliver deleted text begin thedeleted text end new text begin anew text end certified copy new text begin of the affidavit of affixation new text end to
the county auditor of the county in which the real property to which the manufactured home
was affixed is located.
(c) The department is not liable for any errors, omissions, misstatements, or other
deficiencies or inaccuracies in documents presented to the department under this section,
if the documents presented appear to satisfy the requirements of this section. The department
has no obligation to investigate the accuracy of statements contained in the documents.
Sec. 2.
Minnesota Statutes 2018, section 168A.141, subdivision 1a, is amended to read:
Subd. 1a.
Affidavit form.
An affidavit of affixation must be in substantially the following
form and must contain the following information.
MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
PURSUANT TO MINNESOTA STATUTES, SECTION 168A.141
deleted text begin Homeownerdeleted text end new text begin .............. ("Affiant")new text end , beingnew text begin firstnew text end duly sworndeleted text begin ,deleted text end on deleted text begin his or herdeleted text end oathdeleted text begin ,deleted text end states deleted text begin as followsdeleted text end new text begin
or affirms under penalties of perjury thatnew text end :
1. deleted text begin Homeowner ownsdeleted text end new text begin I am the owner ofnew text end the manufactured home (deleted text begin "home"deleted text end new text begin "Manufactured
Home"new text end ) described as follows:
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New/Used deleted text end |
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Year deleted text end |
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Manufacturer's Name deleted text end |
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Model Name or Model No. deleted text end |
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Manufacturer's Serial No. deleted text end |
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Length/Width deleted text end |
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Manufacturer's name:
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.
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Make:
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.
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Model number:
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.
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Model year:
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.
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Serial number:
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.
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Dimensions:
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.
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2. The Manufactured Home is affixed in accordance with Minnesota Statutes, section
273.125, subdivision 8, to real property in ....... County, Minnesota, legally described as
follows ("Land"):
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.
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Check here if all or part of the described real property is Registered (Torrens) ....
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3. The Manufactured Home is located at the following address:
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Street or Route
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City
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County
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State
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Zip Code
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deleted text begin 2.deleted text end new text begin 4.new text end A copy of thenew text begin previouslynew text end surrendered manufacturer's certificate of origin or certificate
of title is attached.
deleted text begin 3.deleted text end new text begin 5.new text end A copy of the notice of surrender issued from the Minnesota Department of Public
Safety Driver and Vehicle Services is attached.
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4. The Home is or will be located at the following "Property Address":
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Street or Route
.
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City
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County
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State
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Zip Code
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5. The legal description of the property address ("land") is as follows or as attached hereto:
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6. The deleted text begin homeowner is the owner of the land.deleted text end new text begin owner(s) of the Manufactured Home is/are the
owner(s) of the Land.
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7. The home is, or must be promptly upon delivery, anchored to the land by attachment to
a permanent foundation and connected to appropriate residential utilities (e.g., water, gas,
electricity, sewer).
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deleted text begin 8.deleted text end new text begin 7.new text end The deleted text begin homeownerdeleted text end new text begin Affiantnew text end intends that thenew text begin Manufacturednew text end Home be an immovable
permanent improvement to the Land, free of any personal property security interest.
deleted text begin 9.deleted text end new text begin 8.new text end A copy of the written statement from the county auditor or county treasurer of the
county in which the Manufactured Home is then located, stating that all property taxes
payable in the current year (pursuant to Minnesota Statutes, section 273.125, subdivision
8, paragraph (b)), have been paid, or are not applicable, is attached.
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10. The home must be assessed and taxed as an improvement to the land.
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11. The name and address of the person designated by the homeowner to record the original
affidavit of surrender with the county recorder or registrar of titles of the county in which
the real estate is located is:
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Name
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Street Address
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City, State, Zip Code
.
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Phone
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E-mail
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IN WITNESS WHEREOF, homeowner(s) have executed this affidavit on this ....... day of
......., 20...
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| deleted text begin Homeownerdeleted text end new text begin Affiantnew text end Signature |
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Address deleted text end |
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Printed Name deleted text end |
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City, State deleted text end |
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Homeowner Signature (if applicable) deleted text end |
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Printed Name deleted text end |
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This instrument was drafted by, and when recorded return to:
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deleted text begin Subscribeddeleted text end new text begin Signednew text end and sworn tonew text begin (or affirmed)new text end before medeleted text begin this ....... day of ......., .......deleted text end new text begin on
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...................................................................... new text end |
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by
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.
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| Signature of deleted text begin Notary Public or Other Officialdeleted text end new text begin notarial officer new text end |
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Title (and Rank):
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.
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My commission expires:
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.
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Notary Stamp or Seal
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(optional)
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This instrument was drafted by, and when recorded, return to:
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Lender's Statement of Intent:
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The undersigned ("lender") intends that the home be immovable and a permanent
improvement to the land free of any personal property security interest.
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Lender deleted text end |
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By:
.
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Authorized Signature deleted text end |
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STATE OF
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) ss:
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COUNTY OF
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)
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On the ....... day of ....... in the year ....... before me, the undersigned, a Notary Public in and
for said state, personally appeared
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personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of
which the individual(s) acted, executed the instrument.
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Notary Signature deleted text end |
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Notary Printed Name deleted text end |
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Notary Public, State of
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Qualified in the County of
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My commission expires
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Official seal:
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